February 12, 2013
Federal District Court in Virginia Rules for Lender/MERS in Foreclosure Case
In Merino v. EMC Mortgage Corporation, et. al., CIV.A 1:09-CV-1121, 2010 WL 1039842 (E.D. Va. Mar. 19, 2010), Plaintiff Homeowners executed two notes, and after defaulting filed suit alleging claims under the Fair Debt Collection Practices Act, claims for declaratory … Continue reading
February 12, 2013 in Downstream litigation by date | Permalink | No Comments
Federal District Court in Virginia Rules for Lenders/MERS in Foreclosure Case
In Ramirez Alvarez v. Aurora Loan Services, 01:09CV1306, 2010 WL 2934473 (E.D. Va. July 21, 2010), Plaintiffs purchased the property at issue by executing two promissory notes and two deeds of trust. Defendant was the holder of the first promissory … Continue reading
February 12, 2013 in Downstream litigation by date | Permalink | No Comments
Federal District Court in Virginia Rules for Bank/Lender Defendants in Foreclosure Case
In Horvath v. Bank of New York, 2010 WL 538039 (E.D. Va. Jan. 29, 2010) aff’d, 641 F.3d 617 (4th Cir. 2011), Plaintiff Homeowner defaulted on his loan and his was being foreclosed upon. Plaintiff filed complaint against the Bank … Continue reading
February 12, 2013 in Downstream litigation by date | Permalink | No Comments
February 11, 2013
Federal District Court in Idaho Rule for Banks/MERS in Foreclosure Case
In Washburn v. Bank of America, N.A., 1:11-CV-00193-EJL, 2011 WL 7053617 (D. Idaho Oct. 21, 2011), the Idaho District Court recommended that the Defendants’ Motion to Dismiss be granted. Plaintiff Homeowner had defaulted on her loan and received a notice of … Continue reading
February 11, 2013 in Downstream litigation by date | Permalink | No Comments
Eighth Circuit Court of Appeals Holds that Bank, as Holder of legal Title, could Commence Foreclosure-by-Advertisement
In Stein v. Chase Home Fin., LLC, 662 F.3d 976 (8th Cir. 2011), The United States Court of Appeals, Eighth Circuit, held that the holder of legal title to a mortgage did not need to possess the corresponding promissory note … Continue reading
February 11, 2013 in Downstream litigation by date | Permalink | No Comments
Minnesota District Court Holds that a Mortgagee is not Required to Have an Interest in the Promissory Note in Order to Foreclose
In Butler v. Bank of Am., N.A., CIV. 11-461 DWF/TNL, 2011 WL 2728321 (D. Minn. July 13, 2011), Minnesota District Court denied the Butlers’ motion to remand and granted Bank of America, BAC Homes Loans Servicing, LP, and Peterson, Fram … Continue reading
February 11, 2013 in Downstream litigation by date | Permalink | No Comments
Federal District Court in Idaho Rules for Banks/MERS in Foreclosure Case
In Showell v. BAC Home Loans Servicing, L.P., 4:11-CV-00489-CWD, 2012 WL 4105472 (D. Idaho Sept. 17, 2012), the Court granted Defendants’ motions to dismiss. The Court once again held that since Idaho is a nonjudicial foreclosure state, standing, or proof of ownership … Continue reading
February 11, 2013 in Downstream litigation by date | Permalink | No Comments
